{
  "id": 2853153,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. David Bruce Adkisson, Defendant-Appellant",
  "name_abbreviation": "People v. Adkisson",
  "decision_date": "1973-07-17",
  "docket_number": "No. 73-151",
  "first_page": "1015",
  "last_page": "1016",
  "citations": [
    {
      "type": "official",
      "cite": "12 Ill. App. 3d 1015"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "11 Ill.App.3d 859",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2929508
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/11/0859-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:da4cad8bb391faea",
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  "last_updated": "2023-07-14T15:56:16.526311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. David Bruce Adkisson, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE DIXON\ndelivered the opinion of the court:\nDefendant, David Bruce Adkisson was placed on probation for two years upon the condition that he spend 60 days in the Warren County Jail during the summer of 1973 during school vacation.\nOn appeal in this court defendant requests that this court modified the sentence by ehminating the jail sentence as a part of the probation sentence.\nAt the time of sentencing of defendant on Oct. 26, 1972 it was permissible to imprison a defendant as a part of the condition of the sentence of probation imposed by a court. Under the new Unified Code of Corrections, effective Jan. 1, 1973, a court may not require as a condition of probation that the defendant be committed to a period of imprisonment unless the imprisonment is \u201cperiodic\u201d (Ill. Rev. Stat. 1971, ch. 38, sec. 1005 \u2014 6 \u2014 43(b)(1) * * * (d).\nThe exact issue was previously decided by this court in People v. Rhinehart (1973), 11 Ill.App.3d 859, where we found in the provision with respect to elimination of imprisonment as a condition of probation, \u201ca substantial and mitigating basic public policy\u201d and that rehabilitation of defendant\u201d calls for application of the spirit of the change and modification as expressed in the Unified Code of Corrections to eliminate the imposition of incarceration as to defendant in this cause\u201d.\nWe find that it is proper that the judgment be modified to eliminate the 60 day period of incarceration so as to constitute a sentence solely of probation for a period of two years. The sentence is accordingly modified to probation only for a period of two years.\nThe judgment of conviction and the sentence as modified are affirmed.\nAffirmed as modified.\nALLOY, P. J., and STOUDER, J\u201e concur.",
        "type": "majority",
        "author": "Mr. JUSTICE DIXON"
      }
    ],
    "attorneys": [
      "Kritzer, Stansell and Critser, of Monmouth, (Kenneth E. Critser, of counsel,) for appellant.",
      "Fred R. Odendahl, State\u2019s Attorney, of Monmouth, for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. David Bruce Adkisson, Defendant-Appellant.\n(No. 73-151;\nThird District\nJuly 17, 1973.\nKritzer, Stansell and Critser, of Monmouth, (Kenneth E. Critser, of counsel,) for appellant.\nFred R. Odendahl, State\u2019s Attorney, of Monmouth, for the People."
  },
  "file_name": "1015-01",
  "first_page_order": 1035,
  "last_page_order": 1036
}